Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Mediation Facilitation - The recent judgments by Justice Gauri Godse and Justice Revati Mohite emphasize that parties are always free to pursue appropriate proceedings for redress and explore amicable settlements through mediation. On 10th July 2023, the Court kept several cases under 'for direction' status after counsel sought time to consider mediation options ["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"] ["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"] ["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"] ["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"].
Court's Encouragement of Mediation - The courts actively promote mediation as a means for amicable resolution, appointing mediators and scheduling parties to approach mediators on specified dates, such as December 17, 2025, with parties expressing full cooperation ["MRS.KASHISH AMIT LAKHWANI@SANGEETA ASHOK ISRANI vs MR.AMIT KAMLESH LAKHWANI - Bombay"] ["MRS.KASHISH AMIT LAKHWANI@SANGEETA ASHOK ISRANI vs MR.AMIT KAMLESH LAKHWANI - Bombay"].
Judicial Approach in Specific Cases - In judgments dated 25th July 2023, Justice Gauri Godse reviewed detention orders relying on criminal records, applying principles from the case of Anil Tukaram Mohite to assess the detaining authority's satisfaction, indicating the Court's detailed scrutiny even when mediation is involved ["SIDDANT ALIAS SIDDHARTH SANJAY MARATHE vs COMMISSIONER OF POLICE AND ORS - Bombay"] ["SIDDANT ALIAS SIDDHARTH SANJAY MARATHE vs COMMISSIONER OF POLICE AND ORS - Bombay"].
Order for Mediation and Co-operation - In August 2023, the Court directed parties to approach mediators and cooperate fully, appointing senior advocates as mediators, and emphasizing the importance of mediation in resolving disputes, including commercial and property cases ["SAGAR @ NIKHIL JAGDISH KATE vs THE STATE OF MAHARASHTRA AND ANR. - Bombay"] ["NITIN AGANDA LADE vs THE STATE OF MAHARASHTRA - Bombay"].
Analysis and Conclusion:The recent judgments by Justice Gauri Godse and Justice Revati Mohite underscore a judicial trend favoring mediation as a preferred dispute resolution mechanism. The Court consistently encourages parties to explore amicable settlements, appoints mediators, and schedules mediation sessions, reflecting an active judicial push towards alternative dispute resolution. This approach aims to reduce litigation burden and promote consensual resolutions, especially in commercial and property disputes. The courts' detailed oversight in specific judgments also illustrates their commitment to ensuring that detention and other orders are justly scrutinized, even within the mediation framework.
References:["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"]["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"]["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"]["SONALI LAKSHMAN NAIKAWADI vs STATE OF MAHARASHTRA AND ORS - Bombay"]["SIDDANT ALIAS SIDDHARTH SANJAY MARATHE vs COMMISSIONER OF POLICE AND ORS - Bombay"]["SIDDANT ALIAS SIDDHARTH SANJAY MARATHE vs COMMISSIONER OF POLICE AND ORS - Bombay"]["SAGAR @ NIKHIL JAGDISH KATE vs THE STATE OF MAHARASHTRA AND ANR. - Bombay"]["NITIN AGANDA LADE vs THE STATE OF MAHARASHTRA - Bombay"]["MRS.KASHISH AMIT LAKHWANI@SANGEETA ASHOK ISRANI vs MR.AMIT KAMLESH LAKHWANI - Bombay"]["MRS.KASHISH AMIT LAKHWANI@SANGEETA ASHOK ISRANI vs MR.AMIT KAMLESH LAKHWANI - Bombay"]
In the fast-paced world of commercial litigation, businesses often seek swift resolutions to disputes. A pressing question for many is: Does the recent judgement of Justice Gauri Godse and Justice Revati Mohite in a commercial suit make mediation between parties mandatory under Section 12A of the Commercial Courts Act, 2015? This ruling from the Bombay High Court provides crucial clarity, emphasizing facilitation over compulsion. This blog post dives deep into the judgment, its implications, and related jurisprudence to help you navigate commercial disputes effectively.
The cornerstone of the judgment is that Section 12A is not a mandatory provision requiring parties to exhaust mediation before filing or during a suit. Courts encourage mediation for quicker, cost-effective resolutions but do not bar access to justice if parties opt out or mediation fails. Importantly, courts should not appoint mediators themselves; instead, they must direct parties to designated authorities like the State Legal Services Authority, following prescribed Standard Operating Procedures (SOPs) Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835.
This approach balances efficiency with constitutional rights, ensuring litigation pendency reduces without denying court access.
Here are the pivotal points:
These principles generally guide commercial litigation, though specifics may vary by case.
The judgment meticulously interprets Section 12A, noting that while the word 'shall' appears mandatory, the Rules under the Act use it optionally. The word ‘shall’ in Section 12A of the Act, sounds as mandatory, but the Rules framed under the Act use ‘shall’ in an optional context Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835. This nuance confirms mediation as encouraged, not enforced, allowing direct suit filings.
The bench stressed: The Court is not a substitute for Alternative Dispute Resolution (ADR) and courts should not appoint mediators themselves Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835. Instead, direct parties to institutions. This is vital as mediation is still in nascent stages in India, needing infrastructure and awareness Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835.
In a related order dated 17th August 2023, the same bench (CORAM: REVATI MOHITE DERE & GAURI GODSE, JJ.) heard parties and made the rule returnable forthwith, showcasing their efficient handling of procedural matters STATE OF MAHARASHTRA vs SHIVA RISHIPAL TUSAMBAD @ TUSAMAD - 2023 Supreme(Online)(Bom) 26380. Similarly, on 10th November 2023, they addressed counsel submissions promptly SAGAR SAMBHAJI GOLE vs STATE OF MAHARASHTRA - 2025 Supreme(Online)(Bom) 1902.
Rejecting plaints solely for Section 12A non-compliance at early stages is unjustified. Courts should hold suits in abeyance, direct mediation, and proceed post-failure Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835. This prevents delays while upholding justice.
The ruling highlights West Bengal's mediation rules and SOPs, ordering parties to approach District Legal Services Authority. Mediators file reports per protocol, ensuring time-bound, professional processes Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835.
Justices Gauri Godse and Revati Mohite Dere consistently emphasize procedural fairness. While this commercial suit focuses on mediation, their rulings in other domains reinforce caution against arbitrary actions:
These illustrate a jurisprudence prioritizing due process, aligning with the mediation ruling's institutional directives.
The judgment affirms mediation's role in curbing pendency but safeguards court access as a fundamental right. Referring a case to mediation does not mean denying access to courts Dhanbad Fuels Private Limited VS Union Of India - 2025 0 Supreme(SC) 835. This policy aligns with India's ADR push without compromising justice.
The Godse-Mohite judgment demystifies Section 12A, promoting mediation as a tool, not a barrier. Businesses can confidently litigate while exploring settlements via proper channels. Always consult legal experts for case-specific advice, as this is general information.
Key Takeaways:- Mediation encouraged, not enforced.- Use authorized institutions.- Justice access remains unimpeded.
Stay updated on Bombay High Court developments for evolving commercial law landscapes.
Disclaimer: This post provides general insights based on public judgments and is not legal advice. Seek professional counsel for your situation.
#CommercialMediation #Section12A #BombayHighCourt
Needless to state, that the parties are always at liberty to file appropriate proceeding before the appropriate forum for redressal of their grievance. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 10th JULY, 2023 P.C. :- 1. ... Learned counsel for the Respondent No.3, had on the said date sought time to explore the possibility of an amicable settlement or whether the #HL_STAR....
Needless to state, that the parties are always at liberty to file appropriate proceeding before the appropriate forum for redressal of their grievance. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 10th JULY, 2023 P.C. :- 1. ... Learned counsel for the Respondent No.3, had on the said date sought time to explore the possibility of an amicable settlement or whether the #HL_STAR....
Needless to state, that the parties are always at liberty to file appropriate proceeding before the appropriate forum for redressal of their grievance. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 10th JULY, 2023 P.C. :- 1. ... Learned counsel for the Respondent No.3, had on the said date sought time to explore the possibility of an amicable settlement or whether the #HL_STAR....
Needless to state, that the parties are always at liberty to file appropriate proceeding before the appropriate forum for redressal of their grievance. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 10th JULY, 2023 P.C. :- 1. ... Learned counsel for the Respondent No.3, had on the said date sought time to explore the possibility of an amicable settlement or whether the #HL_STAR....
(GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 25th JULY 2023 JUDGMENT(PER: GAURI GODSE, J.) 1. ... We have considered the submissions made by both parties. A perusal of the detention order shows that the detaining authority has relied upon CR No. 258 of 2022 registered against the petitioner. ... Thus, the principles laid down by this Cour....
(GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 25th JULY 2023 JUDGMENT(PER: GAURI GODSE, J.) 1. ... We have considered the submissions made by both parties. A perusal of the detention order shows that the detaining authority has relied upon CR No. 258 of 2022 registered against the petitioner. ... Thus, the principles laid down by this Cour....
GAURI GODSE, J. REVATI MOHITE DERE, J. ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATE : 17 th AUGUST, 2023 ORDER (PER REVATI MOHITE DERE J.) : 1. Heard learned Counsel for the parties. 2. Rule. ... Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. 3.
(GAURI GODSE, J.) (REVATI MOHITE DERE, J.) ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATED : 11th AUGUST, 2023 ORAL JUDGMENT (PER: REVATI MOHITE DERE, J.) 1. ... After hearing, the learned counsel for the parties and after considering the evidence on record, the learned Sessions Judge, Karad convicted and sentenced the appellant as stated aforesaid in Paragraph No.1. 7.
GAURI GODSE, J. REVATI MOHITE DERE, J. ... Khalate from Sangli Police Station, is present in Court CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. WEDNESDAY, 23 rd AUGUST 2023 JUDGMENT (Per Revati Mohite Dere, J.) : 1 Heard.
GAURI GODSE, J. REVATI MOHITE DERE, J. ... CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ. DATE : 10th NOVEMBER 2023 P.C. : 1. Heard learned counsel for the parties. 2.
JUDGMENT Revati Mohite Dere, J. - Heard learned counsel for the parties.
JUDGMENT Revati Mohite Dere, J. - Heard learned counsel for the parties.
JUDGMENT Revati Mohite Dere, J. - Heard learned counsel for the parties.
JUDGMENT REVATI MOHITE DERE, J. - Heard learned counsel for the parties.
JUDGMENT Revati Mohite Dere, J. - Heard learned counsel for the parties.
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